decided: November 27, 1968.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ORLANDO ESTRADA, APPELLANT
People v. Estrada, 28 A.D.2d 681, affirmed.
Concur: Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fuld dissents.
Order affirmed; no opinion. Chief Judge Fuld dissents and votes to reverse and to reinstate the order of Criminal Term granting defendant's motion to suppress on the ground that a person charged with possession of contraband at the time of an unlawful search and seizure is necessarily a "person * * * aggrieved" (Code Crim. Pro., § 813-c) by such illegal conduct even though he may not have had physical custody of the property. (See Jones v. United States, 362 U.S. 257
© 1998 VersusLaw Inc.